Is Consular Processing possible?

[MDCA2019]

I'm a US citizen and my wife is Italian. We were married in the US 10 months ago and applied for a green card for her through the adjustment of status process. My wife had a difficult time adjusting to living in the US without a job and a vehicle. After 5 months of marriage, her father became very ill and needed surgery. My wife decided to return to Italy to be with her family. We had an attorney who filed the paperwork for the adjustment of status here in the US. The attorney informed my wife that if she left the country, she wouldn't be able to return to the US. My wife decided that she needed to go be with her family immediately. I requested that we cancel the green card interview since it had been scheduled. My wife and I got into a big argument and the silly outcome was that since she could never return to the US, the best thing for us to do was to get a divorce. Our attorney submitted a letter to green card interview office informing them that we were divorcing and asked that the appointment be canceled. My wife returned to Italy. Divorce was filed. On the day the interview was scheduled, I checked USCIS' website and the status was undated to show that no one attended the interview. It still shows that status today (2 months later). My wife reached out to the attorney and questioned why the appointment wasn't canceled. The attorney got upset for my wife questioning her so that avenue is no longer an option. My wife and I are still in contact everyday and we are still in love and want to be together. Our former attorney led us to believe that she will never be able to return to the US, but I came across the consular processing option. I wrote a letter to the immigration office about a month ago explaining to them what really happened and why we decided to divorce. It wasn't because we didn't want to be together; my wife couldn't live with herself if her father died and she didn't go see him. And since we were told she could never return to the US, we thought divorce was our only option. Is the consular processing option something we can try now that she is in Italy, should we wait, or is it not an option for us?

Thanks in advance

[Enub4]

I don't know the process to divorce, is that already final as in are you divorced?

For consular processing the biggest question is, does she want to get back to the USA in the near future (when she get the approval)? From what I read, once you get the visa to immigrate to the USA you have to travel, enter the USA pay for the GC card and then you will get it in a few weeks after you enter the USA.

[MDCA2019]

@Enub4...thanks for responding. No, the divorce is not final. Only the initial paperwork has been filed. I am in California and a divorce is not a quick process here. Yes, she is wanting to return to the US in the near future, but it's my understanding (and that may be incorrect) that it will take months to get the visa. Also, will her leaving the US (although for a good reason) prior to the previous green card interview play a role in consular processing?

[newacct]

There are 2 issues here:
1) Her leaving the US while AOS (I-485) is pending without being granted Advance Parole abandoned the AOS. That by itself doesn't affect her immigration petition and she can still immigrate through Consular Processing.
2) The fact that you guys told them that you are divorcing, which means she does not want to immigrate on the marriage petition anymore, so they will probably deny the petition (I-130). Based on what you said, it seems that you guys did not actually want to divorce, and it was a misunderstanding. So you guys should first cancel the divorce, and then if the I-130 is denied, you might have to file a new petition or somehow reopen the existing one. The fact that you guys said you were divorcing and then changed your mind, will make your case look suspiciously like a sham marriage, so be prepared for a lot of explaining.

[MDCA2019]

I just check the USCIS website, the I130 still shows in received status dated December 2018. The I485 states that no one appeared for in person processing and they will let us know if they make a decision. The I131 and I765 both have a closed status dated July 22nd. I heard today that since the interview was scheduled less than 90 days ago, we can reopen the existing case due to it being within 90 days of final disposition. Could that be why the I130 hasn't been updated? If this is true, how can my wife re-enter the country if the case is reopened?

It seems that worse case the Consular Processing would work, but re-opening the case would be cheaper.

[newacct]

I just check the USCIS website, the I130 still shows in received status dated December 2018. The I485 states that no one appeared for in person processing and they will let us know if they make a decision. The I131 and I765 both have a closed status dated July 22nd. I heard today that since the interview was scheduled less than 90 days ago, we can reopen the existing case due to it being within 90 days of final disposition. Could that be why the I130 hasn't been updated? If this is true, how can my wife re-enter the country if the case is reopened?

It seems that worse case the Consular Processing would work, but re-opening the case would be cheaper.

The AOS (I-485) is abandoned and there is no "re-opening" it. There is also no way of re-entering the US, unless you enter on a visitor visa, and then file AOS again, but you are not supposed to enter on a visitor visa with preconceived intent to do AOS during that stay. She will have to do Consular Processing no matter what.

When I was talking about reopening, I was talking about the I-130 petition, if it gets denied since you told them you were divorcing and didn't go to the interview.

[Sinda]

08-27-2019, 04:23 PM
Hello , I passed my citizenship test on August 15 but they give me a form 652 the decision can not be made yet about your application. They will send me a written decision about my application I’m confused now bcz the people who did the test same day with me already received the letter for the ceremony....